Someone recently bought our

students are currently browsing our notes.

X

Contaminated Land Notes

Law Notes > Environmental Law Notes

This is an extract of our Contaminated Land document, which we sell as part of our Environmental Law Notes collection written by the top tier of Oxford students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Environmental Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Contaminated Land Notes. Environmental Protection Act 1990 - Part IIA.

*

78A(2) - contaminated land is any land which appears to LA to be in such a condition, by reason of substances in, on or under the land, that (a) significant harm is being caused or there is a significant possibility of significant harm being caused; or (b) pollution of controlled waters is being, or is likely to be, caused. In determining this must follow guidance issued by S of S. (4) - Harm means harm to health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property. (5) - The questions (a) what harm is significant, (b) whether possibility is significant, shall be determined in accordance with guidance issued for the purpose by the S of S. (7) - Remediation means - (a) assessing condition of land, (b) the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or waters for the purpose (i) of preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any pollution of controlled waters, by reason of which the contaminated land is such land; or (ii)of restoring the land or waters to their former state, and (c) subsequent inspections.

*

78B - Duty to inspect lands for contamination, notification upon designation.

*

78C + D - set out a procedure for a special site designation (particular cases of contamination).

*

78E(1) - Duty of authority to serve a remediation order if land is found to be contaminated. To be served on the appropriate person and must specify what they are to do in the way of remediation and the time limit to do those things. (2) - Different remediation notices OK for different substances. (3) - if multiple appropriate persons then notice must state proportions of costs. (4) - remediation must be considered reasonable by authority having regard to cost and seriousness of harm. (5) - in determining what is to be done by way of remediation, the standard to which land is to be remediated and reasonableness authority must have regard to guidance.

*

78F(1) - this decides who appropriate person is for responsibility. (2) - Persons who caused or knowingly permitted the substances, or any of the substances, by reason of which the contaminated land in question is such land to be in, on or under that land. (3) - (2) only applies so far as remediation done in response to substances which he caused or knowingly permitted to be present. (4) - If person can't be found then owner or occupier is an appropriate person. (5) - If things are remediated but not caused by D as in (3) then owner or occupier are appropriate individuals. (6) - If more than one qualify as appropriate then LA will decide on guidance if one will be labelled otherwise. (7) - Proportions which multiple appropriate persons pay to be determined by authority in accordance with guidance of S of S. (9) - If substance causes another substance through chemical reaction or biological process then D still appropriate person.

*

78G - Granting of, and compensation for the grant of, rights of way onto land which is to be remediated, in favour of the appropriate individual.

*

78H - Restrictions on serving remediation orders.

*

78K - Liability in respect of substances leaking onto other land.

*

78L - Appeals against remediation notices.

*

78M - Offences for not complying with remediation notices.

*

78P(1) - LA entitled to recover reasonable cost of remediation from the appropriate person, if there are 2 or more persons then divide in proportions under 78F(7). (2) - In deciding whether to recover costs LA shall have regard to hardship the recovery may cause and guidance of S of S.

Buy the full version of these notes or essay plans and more in our Environmental Law Notes.